Case Note & Summary
The petitioner, Ku. Babita d/o Devidas Thakur, filed a writ petition challenging the order dated 28.01.2011 passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati Division, Amravati, which invalidated her claim of belonging to the Thakur Scheduled Tribe and cancelled the caste certificate issued to her by the Sub Divisional Officer, Akola on 28.12.1999. The petitioner had sought employment with the State Government for a post reserved for Scheduled Tribes and was found eligible for the post of Assistant. Her case was referred to the Scrutiny Committee for verification. Before the Committee, the petitioner submitted several documents, including her own school leaving certificate from 1998 showing caste as Thakur, and her father's school leaving certificates from 1944 and 1951 also showing caste as Thakur. Despite these documents, the Committee invalidated her claim. The Court observed that the Committee had not properly considered the contemporaneous documents, particularly the father's school records from 1944 and 1951, which are strong evidence of the family's caste. The Court held that the Committee's order was unsustainable and quashed it, restoring the petitioner's caste certificate. The writ petition was allowed.
Headnote
A) Scheduled Castes and Scheduled Tribes - Caste Certificate Verification - Validity of School Records - The Scrutiny Committee invalidated the petitioner's Thakur Scheduled Tribe certificate despite the petitioner and her father's school leaving certificates from 1944 and 1951 showing caste as Thakur - The Court held that the Committee erred in ignoring these contemporaneous documents and that the school records are sufficient proof of caste - The impugned order was quashed and the certificate was restored (Paras 1-7).
Issue of Consideration
Whether the Scrutiny Committee was justified in invalidating the petitioner's Scheduled Tribe certificate as belonging to Thakur tribe despite the availability of school records of the petitioner and her father showing caste as Thakur.
Final Decision
The writ petition is allowed. The impugned order dated 28.01.2011 passed by the Scrutiny Committee is quashed and set aside. The caste certificate issued to the petitioner by the Sub Divisional Officer, Akola dated 28.12.1999 is restored.
Law Points
- Validity of caste certificate
- Scrutiny Committee's duty to consider contemporaneous documents
- School leaving certificate as valid proof of caste
- Thakur as Scheduled Tribe under Entry 44 of Constitution (Scheduled Tribes) Order 1950
Case Details
2020 LawText (BOM) (02) 135
WRIT PETITION NO.1811/2013
V. M. DESHPANDE, S. M. MODAK
Mr. N. R. Saboo for petitioner, Mr. A. A. Madiwale, A.G.P. for respondents
Ku. Babita d/o Devidas Thakur
The Committee for Scrutiny and Verification of Tribe Claims, Amravati Division, Amravati through its Research Officer, State of Maharashtra through its Secretary, Department of Medical Education and Research, Mantralaya, Mumbai-32
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Nature of Litigation
Writ petition challenging the order of the Scrutiny Committee invalidating the petitioner's Scheduled Tribe certificate.
Remedy Sought
Quashing of the order dated 28.01.2011 passed by the Scrutiny Committee and restoration of the caste certificate.
Filing Reason
The Scrutiny Committee invalidated the petitioner's claim of belonging to Thakur Scheduled Tribe despite her and her father's school records showing caste as Thakur.
Previous Decisions
The Scrutiny Committee passed an order on 28.01.2011 invalidating the petitioner's caste certificate.
Issues
Whether the Scrutiny Committee was justified in invalidating the petitioner's Scheduled Tribe certificate despite the availability of school records of the petitioner and her father showing caste as Thakur.
Submissions/Arguments
The petitioner submitted that she and her father's school leaving certificates from 1944 and 1951 show caste as Thakur, which are contemporaneous documents and should be accepted as proof of caste.
Ratio Decidendi
School leaving certificates, especially those of the father from 1944 and 1951, are contemporaneous documents and constitute sufficient proof of caste. The Scrutiny Committee erred in ignoring such documents and invalidating the certificate.
Judgment Excerpts
By the impugned order, respondent no.1 invalidated claim of the petitioner as belonging to Thakur-Scheduled Tribe and the certificate issued to her by Sub Divisional Officer, Akola bearing No. MRC-81/Akola/2529/99-2000 dated 28.12.1999 stood cancelled.
Entry no.44 of the Constitution (Scheduled Tribes) Order, 1950, pertains to tribe Thakur.
Attested copy of School leaving Certificate of applicant’s father Shri Devidas Waman Thakur issued by Headmaster, Primary Vidya Mandir, Raver, Dist. Jalgaon vide registration no.49 dated 21-1-2002 date of admission 9-8-1944 wherein caste mentioned as Thakur.
Procedural History
The petitioner obtained a caste certificate from the Sub Divisional Officer, Akola on 28.12.1999. She applied for a post reserved for Scheduled Tribes and was found eligible. Her case was referred to the Scrutiny Committee on 07.07.2005. The Committee passed an order on 28.01.2011 invalidating the certificate. The petitioner filed the present writ petition on an unspecified date.
Acts & Sections
- Constitution (Scheduled Tribes) Order, 1950: Entry 44
